What is the likelihood of children being separated from their parents once they divorce? : My spouse and I have been married for 3 years. We have been separated for 5+ months now. We have 3 children together 2 are from a previous marriage. We have a home and a few credit cards. My spouse has left the home and relocated approximately 20 miles away. Its inevitable that we are to divorce according to my spouse. We have basically shared custody since the separation that hasn't been legally filed. When my spouse has had our child they have driven the 20 miles to get our child to daycare. I have found myself having more of the shared custody. What is the likelihood of the children being separated and living in separate homes? Will the parent with the 2 children from a previous marriage be more likely to have primary custody with the 3rd child?
Eve’s answer: I am sorry to hear that you are going through this. First, there is no legal separation in the state of Florida. You would have to file a divorce proceeding. Unfortunately, in a divorce proceeding the courts will award time sharing for the children that were born during the course of the marriage. Unless the other children were adopted, the courts will not award time sharing for step-children. However, in many cases the parties agree to keep the children together during time sharing. With regards to whether or not the parent with the 2 children from the previous marriage will be more likely to have custody with the third child, please remember that there are a number of factors consider in determining parental responsibility and time sharing. Moreover, they will make a determination as to what is in the best interest of the child.